2007 monsoon: DHA resident sues Clifton board for flooded house
Cantonment has asked the court for more time to decide who will build the sewage network.
KARACHI:
A resident of Defence Housing Authority (DHA) Phase II has filed a petition complaining about the flooding of her house during the monsoon season in 2007.
Petitioner Sheeba Ansari moved the court in 2007, maintaining that between 2005 and 2007, the authorities she had named, DHA, the Cantonment Board Clifton (CBC), the National Highway Authority, the City District Government Karachi and the Karachi Water and Sewage Board started building a highway on her house.
She complained that they never adopted the scientific approach for waste disposal and storm water drains. Due to this, two-foot-deep water accumulated in her courtyard while six inches of water gathered inside her house and damaged furniture and other property.
The court disposed of the petition with orders to the CBC and DHA, to decide who will construct the storm water drain and sewerage that links the petitioner’s house with the sewage disposal network, within six weeks and submit a compliance report.
On Thursday, the CBC moved an application and requested the court to extend the time. The board relied on Section 24 (9) of the Cantonment Act 1924 in which “in case of any difficulty, the same will be resolved by the federal government as deemed fit”.
The CBC said in the application that it is not collecting a development fee from the residents of the area. Hence, under all laws and rules, DHA is responsible for linking the petitioner’s house and the main system. DHA collects a special development fee as “additional charges” from its members, the application added.
The CBC assured the court that once the system is constructed, it will look after it. The board added that a letter was written to DHA about this issue and matter is still under consideration.
In view of the CBC’s submission that only the federal government is the competent authority to resolve the dispute, a division bench of Sindh High Court comprising justices Mushir Alam and Syed Zakir Hussain ordered notices to the Deputy Attorney General for a date to be fixed later by the office of the court.
Published in The Express Tribune, January 21st, 2011.
A resident of Defence Housing Authority (DHA) Phase II has filed a petition complaining about the flooding of her house during the monsoon season in 2007.
Petitioner Sheeba Ansari moved the court in 2007, maintaining that between 2005 and 2007, the authorities she had named, DHA, the Cantonment Board Clifton (CBC), the National Highway Authority, the City District Government Karachi and the Karachi Water and Sewage Board started building a highway on her house.
She complained that they never adopted the scientific approach for waste disposal and storm water drains. Due to this, two-foot-deep water accumulated in her courtyard while six inches of water gathered inside her house and damaged furniture and other property.
The court disposed of the petition with orders to the CBC and DHA, to decide who will construct the storm water drain and sewerage that links the petitioner’s house with the sewage disposal network, within six weeks and submit a compliance report.
On Thursday, the CBC moved an application and requested the court to extend the time. The board relied on Section 24 (9) of the Cantonment Act 1924 in which “in case of any difficulty, the same will be resolved by the federal government as deemed fit”.
The CBC said in the application that it is not collecting a development fee from the residents of the area. Hence, under all laws and rules, DHA is responsible for linking the petitioner’s house and the main system. DHA collects a special development fee as “additional charges” from its members, the application added.
The CBC assured the court that once the system is constructed, it will look after it. The board added that a letter was written to DHA about this issue and matter is still under consideration.
In view of the CBC’s submission that only the federal government is the competent authority to resolve the dispute, a division bench of Sindh High Court comprising justices Mushir Alam and Syed Zakir Hussain ordered notices to the Deputy Attorney General for a date to be fixed later by the office of the court.
Published in The Express Tribune, January 21st, 2011.